1. A. Records of all drug and alcohol test results and related information maintained by the employer shall be the property of the employer and, upon the request of the applicant or employee tested, shall be made available for inspection and copying to the applicant or employee. An employer shall not release such records to any person other than the applicant, employee or the employer's review officer, unless the applicant or employee, in writing following receipt of the test results, has expressly granted permission for the employer to release such records in order to comply with a valid judicial or administrative order. A written record of the chain of custody of the sample shall be maintained from the time of the collection of the sample until the sample is no longer required.

2. B. A testing facility, or any agent, representative or designee of the facility, or any review officer, shall not disclose to any employer, based on the analysis of a sample collected from an applicant or employee for the purpose of testing for the presence of drugs or alcohol, any information relating to the general health, pregnancy or other physical or mental condition of the applicant or employee.

   A testing facility shall release the results of the drug or alcohol test, and any analysis and information related thereto, to the individual tested upon request.

Added by Laws 1993, SB 143, c. 355, § 10, emerg. eff. June 10, 1993; Amended by Laws 2011, HB 2033, c. 180, § 7, eff. November 1, 2011 (superseded document available).